1 Definitions of terms
(1) “Suspension Traveler” operates an online store for goods and digital goods under the website https://suspension-traveler.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
2 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of the contract apply to orders placed via our online store at https://shop.suspension-traveler.com.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
- Selection of the desired goods, digital goods,
- Adding the products by clicking the appropriate button (e.g. “Add to cart”, “Add to shopping bag” or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “Go to order overview” or similar),
- Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
- If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
- Completion of the order by pressing the button “Order subject to payment”. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us to the specified e-mail address within three working days.
(4) In the event of conclusion of the contract, the contract shall be concluded with “Suspension Traveler”.
(5) Before placing the order, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, shall be carried out by e-mail after the order has been triggered by you, in part automatically. We do not store the contract text after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
3 Subject matter of the contract and essential characteristics of the products
(1) In our online store is the subject of the contract:
- The sale of goods. The specific goods offered you can see from our article pages.
- The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our product pages.
(2) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not effectively excluded by contract, the function-maintaining updates and required security updates shall also be the subject matter of the contract.
(3) The essential characteristics of the goods and digital goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this shall be expressly indicated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract.
(4) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise specified in the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is designated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
(4) All products offered are, unless clearly stated otherwise in the product description, ready for immediate shipment (delivery time: 5-8 business days after receipt of payment).
(5) The following delivery area restrictions apply: Physical Products are delivered to the following countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovenia, Spain, Switzerland, United Kingdom.
5 Updates, Updates, Obligations of the Consumer to Cooperate
(1) Insofar as a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory update obligation is not effectively excluded by contract, the customer shall be provided with regular updates that ensure the functionality and (IT) security of the purchased item (e.g. security updates against new security threats, etc.).
(2) We are also authorized to use a third party (e.g. the manufacturer or its supplier) to provide the updates.
(3) The time period in which updates are provided depends on the type of the respective purchased item and is explained in the item description.
(4) Consumers shall be informed about the provision of updates as well as their proper installation.
(5) The Customer is obligated to install provided updates properly according to the installation instructions.
6 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
7 Right of revocation
As a consumer you have a right of withdraw. This is governed by our returns policy.
8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.
(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the damage typically foreseeable under the contract. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on. This includes in particular our duty to act and to fulfill the contractually owed performance, which is described in § 3.
(3) If, when purchasing goods with digital elements or purchasing digital products (digital content and services), the customer fails to install within a reasonable period of time an update that has been provided to him and of whose availability he has been informed, we shall not be liable for a material defect that is solely attributable to the absence of this update.
9 Subrogation
Claims against us may not be assigned without our express consent.
10 Contract language
In case of doubt, German is the applicable contract language.
11 Warranty
(1) The warranty shall be governed by the statutory provisions.
(2) The warranty period for delivered goods vis-à-vis entrepreneurs shall be 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
12 Final Provisions/Dispute Resolution
(1) Austrian law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.
(4) The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr.
Introduction
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Suspension Traveler accessible at www.SuspensionTraveler.com.
These Terms will be applied fully and affect your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Minors or people below 18 years old are not allowed to use this Website.
Purpose
This website is an area where SuspensionTraveler.com, its owners, visitors, and its collaborators can share information, stories, experiences, and research with other bicyclists worldwide. We are not professional mechanics and generally have no medical training. However, at times we may collaborate with credentialed partners who do have professional qualifications. These instances will be cited in any content where their expertise are utilized. If there is no mention of a collaborating expert on a piece of content on our site, you should assume the content contains our opinions and are for entertainment purposes only.
The general information provided on this Website is not a substitute for the diagnosis, prognosis, treatment, prescription, or formal and individualized advice of a medical professional, professional trainer, qualified mechanic, or other qualified professional. Always seek the advice of a doctor or other qualified professional with any questions you may have regarding your health or exercise routines. Never disregard professional advice or delay in seeking it because of something you have read on this Website.
We do not offer professional advice on this site. Information contained on this site is for educational purposes only. You are solely responsible for any actions you take, or omit, even if it’s due to the information you obtained from this site.
By using this website you agree that you will not hold Suspension Traveler, its owners, or contributors responsible for actions you take, or fail to take, as a result of the information provided on this website.
Intellectual Property Rights
Other than the content you own, under these Terms, SuspensionTraveler.com and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
To the best of our knowledge, any materials or intellectual property presented here are original and do not infringe upon the intellectual property rights of others. If you believe that something presented here is infringing on the intellectual property rights of another person or entity, please contact us at [email protected]
Fair Use
This website occasionally uses media under the Fair Use Doctrine (17 U.S.C. § 107). Neither SuspensionTraveler.com nor it’s owner(s) claim ownership of media used in this way and it is displayed strictly under the guidelines and established case law relating to the Fair Use Doctrine.
Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research.
Fair use is a use permitted by copyright statute that might otherwise be infringing.
Fair use is a doctrine in the United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.
Restrictions
You are specifically restricted from all of the following:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and SuspensionTraveler.com may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant SuspensionTraveler.com a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. SuspensionTraveler.com reserves the right to remove any of Your Content from this Website at any time without notice.
No Warranties
This Website is provided “as is,” with all faults, and SuspensionTraveler.com expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Affiliate Relationships
Suspension Traveler earns from qualifying purchases made on our website. If you make a purchase through links on this site, we may get a small share of the sale from Amazon, Avantlink, and other similar affiliate programs.
The fee Suspension Traveler earns for referring traffic to these affiliate programs occurs at no cost to you. These programs use a “cookie” to track your activity and provide credit to Suspension Traveler for the referral. To learn more about our policy and how cookies are used on this site, see our privacy policy
User Tracking
We improve our products and advertising by using Microsoft Clarity to see how you use our website. By using our site, you agree that we and Microsoft can collect and use this data. Our privacy statement has more details.
Limitation of Liability
In no event shall SuspensionTraveler.com, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. SuspensionTraveler.com, including its owners, officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website or the information contained therein.
Indemnification
You hereby agree to defend, indemnify and hold Suspension Traveler, its officers, employees, independent contractors, owners, and others with interest in this company (hereby referred to as “Owner” for the sake of this section), harmless from and against any and all claims, actions, damages, expenses (including reasonable attorneys’ fees), losses or liabilities incurred by or asserted against Owner or any of its Indemnitees for injury (including death) to persons, damage or destruction to property, or in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
SuspensionTraveler.com is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Assignment
SuspensionTraveler.com is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms constitute the entire agreement between SuspensionTraveler.com and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the Austrian state and you submit to the exclusive jurisdiction of the state and federal courts located in Linz, Upper Austria, Austria for the resolution of any disputes.
Complaints and Retractions
If you find material published on this website that you believe is of any concern including, but not limited to, material that is inaccurate or misleading, defamatory, published without necessary licenses or consent, or infringing upon the rights of another, please contact us at [email protected] Complaints will be addressed on a case-by-case basis.
